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HomeMy WebLinkAbout08143 ORD - 08/17/19668 -17 -66 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH JACK RICE TURNER FOR PROFESSIONAL SERVICES AS REQUIRED IN THE PROGRAMMING AND DESIGN OF THE CLUBHOUSE AT OSO MUNICIPAL GOLF COURSE; A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH JACK RICE TURNER FOR PROFESSIONAL SERVICES AS REQUIRED IN THE PROGRAMMING AND DESIGN OF THE CLUBHOUSE AT OSO MUNICIPAL GOLF COURSE, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THE NECESSITY TO AUTHORIZE IMMEDIATE EXECUTION OF THE ABOVE DESCRIBED CONTRACT IN ORDER THAT WORK MAY PROCEED IN THE PROGRAMMING AND DESIGN OF THE CLUBHOUSE AT OSO MUNICIPAL GOLF COURSE IN THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY } COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND f BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1-7 DAY OF AUGUST, 1966. ATTEST: 1,e4 M AYOR CITY SECRE A Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AST LEGAL FORM THIS _ DAY OF AUGUST, 1966: CITY ATTORNEY t ti 8-i7-66 AGREEMENT - THE STATE OF TEXAS j COUNTY OF NUECES j THIS AGREEMENT, MADE' AND ENTERED INTO -THIS 'THE DAY OF 1966,• ST AND OCTWE£N THE CITY OF CORPUS CHRISTII, TEXAS.. Y A'MUNICIPAL C0*00RATION, ACTING HEREIN BY AND THROUGH ITS CITY MANAGER, DULY AUTHORIZtD TO ACT, HEREINAFTER CALLED THE „C}1TYn, AND THE 'FIRM OF JACK RICE TURNER, OF CORP03 CHRIST'1, TEXAS, HEREINAFTER CALLED THE "ARCHITECT", THAT WHEREAS, THE CITY 4NTENDS TO I+ONSTRUCT A CLURHOUSS,AT 030 MUNICIPAL GOLF COURSE IN THE CITY' OF CORPUS CHRISTI, Tt %ASS " NOW, THEREFORE, THE CITY AND THE'ARCHITECT, FOR THE CONSIDERATION HEREINAFTER NAMED, AGREE AS FOLLOWS: THE ARCHITECT AGRtgS TO PERFORM,yFOR THE ABOVE NAMED WORM, PRO- , FESSiONALtERVICE* AS HEREINAFTER SET FORTH. , TNE' CITY' AGREC3 TO PAY THE'ARCNITECT FOR ¢UCIC SERVICES EEYIN PER CENT (7%) OF THE COST OF THE WORK, SAID'SASIC RATE TO SE CALCULATED UPON ` THE ESTIMATED ACTUAL C05T UNTIL SUCH TIME At'THE ACTUAL COST, OF THE CON -, STRUCTION HAS SEEN DETERMINED IIY THt LETTING OF A CONTRACT, FROM AMP - AFTER WHICH DATE -THE ACTUAL COST OF CONSTRUM ON A$ DETERMINED SY THE CONTRACT PRICE 'SMALL, St USCO At THE COST OF THE WORK. THE 'PARTIES FURTHER AGREE TO THE FOLLOWING CONDLTIOMS9 - (1) THt ARCHIYECT'S SERVICES. THE ARCH ITtCT'S PROrESOIONIIL SERVICES CONSIST OF THE NECESSARY CONFEREMCtS, tHE PREPARATION OF PRELIM- INARY STUDItS, WORKING DRAWINGS, SPECIFICATIONS, LARGE SCALE AND FULL SIZE Q O, DETAILED DRAWINGS FOR ARCHITECTURAL, STRUCTURAL PLUMBING ELECTRICAL, AND HEATING VENTILATING] AND AIR CONDITIONING] THE DRAFTING OF FORMS OF PRO- POSALS; INCLUSION OF A CONTRACT FORM IN THE PROPOSAL; THE CHECKING OF SHOP ' DRAWINGS; THE ISSUANCE OF CERTIFICATES OF PAYMENT; THE KEEPING OF ACCOUNTS,. THE GENERAL ADMINISTRATION OF THE BUSINESS AND JOB INSPECTION OF THE WORK. ` TO THE EXTENT PROVIDED BY THE CONTRACT BETWEEN THE CITY AND THE CONTRACTOR, HE SHALL MAKE DECISIONS ON ALL CLAIMS OF THE CITY AND CONTRACTOR AND ON ' } ALL OTHER MATTERS RELATING TO THE EXECUTION AND PROGRESS OF THE WORK OR THE INTERPRETATION OF THE CONTRACT DOCUMENTS. HE SHALL CHECK AND APPROVE , SAMPLES SCHEDULES, SHOP DRAWINGS AND OTHER SUBMISSIONS ONLY FOR CONFORMANCE. WITH THE DESIGN CONCEPT OF THE PROJECT AND FOR COMPLIANCE WITH THE INFORMA- TION GIVEN BY THE CONTRACT DOCUMENTS, PREPARE CHANGE ORDERS AND ASSEMBLE WRITTEN GUARANTEES REQUIRED OF THE CONTRACTORS. ARCHITECT WILL MAKE PERIODIC VISITS TO THE SITE TO FAMILIARIZE HIMSELF GENERALLY WITH THE PROGRESS AND QUALITY OF THE WORK AND TO DETERMINE IN GENERAL IF THE WORK IS PROCEEDING'IN ACCORDANCE WITH THE CONTRACT'DOCUMENTS. HE WILL NOT BE REQUIRED TO MAKE EXHAUSTIVE OR CONTINUOUS ON -SITE INSPECTIONS TO CHECK THE QUALITY OR QUANTITY OF THE WORK AND HE WILL'NOT BE RESPONSIBLE V FOR THE CONTRACTORS' FAILURE TO CARRY OUT THE CONSTRUCTION WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. CURING SUCH VISITS AND ON THE BASIS OF HIS ' I OBSERVATIONS WHILE AT THE SITE, HE WILL KEEP THE CITY INFORMED OF THE PROGRESS OF THE WORK, WILL ENDEAVOR TO GUARD THE CITY AGAINST DEFECTS AND ! I DEFICIENCIES IN THE WORK OF CONTRACTORS AND HE MAY CONDEMN WORK AS FAILING ' ' t TO CONFORM TO THE CONTRACT DOCUMENTS. BASED ON SUCH OBSERVATIONS AND THE CONTRACTORS' APPLICATIONS FOR PAYMENT, HE'WILL DETERMINE THE AMOUNT OWING TO i1E CONTRACTOR AND WILL ISSUE CERTIFICATES FOR PAYMENT IN SUCH AMOUNTS. j 1 THESE CERTIFICATES WILL CONSTITUTE A REPRESENTATION TO THE CITY, BASED ON i SUCH OBSERVATIONS AND THE DATA COMPRISING THE APPLICATION FOR PAYMENT, THAT I } THE WORK HAS PROGRESSED TO THE POINT INDICATED. BY ISSUING A CERTIFICATE FOR C PAYMENT, THE ARCHITECT WILL ALSO REPRESENT TO THE CITY THAT, TO THE BEST OF ' HIS KNOWLEDGE, INFORMATION AND BELIEF BASED ON WHAT HIS OBSERVATIONS HAVE REVEALED THE QUALITY OF THE WORK IS IN ACCORDANCE WITH THE CONTRACT ; DOCUMENTS.' HE WILL CONDUCT INSPECTIONS TO DETERMINE THE DATES 'OF SUBSTANTIAL f AND FINAL COMPLETION AND ISSUE A FINAL CERTIFICATE FOR PAYMENT. I -2- " THE CITY REPRESENTS, THAT IT HAs, BUDGETED FOR CONST(UCTION PURPOSES THE'SUM OF SIXTY EIGHT THOUSAND FIVE HUNDRED DOLLARS (f68,500), NOT IMCLUD- ING TI{E' COST OF THE ARCHITECT'! fCE, AND IN ANY EVENT$ UNLESS MODIFIED IM WRITING SIGNED BY THE PARTIES HERETO, THE MAXIMUM FEE TO BE PAID THE ARCHITECT HEREUNDER SHALL BE SEVEN PER CENT(7�i} OF THE SAID SUM, THE DESIGN OF'TOE BUILDING SHALL BE SUCH THAT THE COST (HEREOF PILL NOT EXCEED -a THE AMOUNT ALLOCATED ABOVE BY THE CITY FOR ITS CONSTRUCTION,- PROVIDED THAT ' THE CITY SHALL COMHEfiCE ADVERTISING FOR 010f WITHIA30 DAYS AFTER THE ACCEPTANCE OF FINAL PLANS pY THE CITY, TH> ARCHITECT $HALL HAVE COMPLETE •PLANS AND SPECIFICATIONS READY FOR THE CITY TO ADVERTISE FOR BIDS WITHIN - �O DAYS AFTER THE APPROVAL OF THE PRELIMINARY PLANS BY THC CITY- PRELIMINARY PLANS WILL •E fURNISNEDTON OR BEFORE SEPTEMBER 14, 1966+, (2) PAYMENTS, -- PAYMENTS TO THE ARCHITECT ON ACCOUNT OF H13 FEE SHALL BE MADE AS FOLLOWS? ' (A) UPON COMPLETION OF THE PRELIMINARY $}UDIES AND PRESENTATION TO THE CITY Of PRELIMINARY PLANS AND SKETCHES AND APPROVAL BY THE CITY OF SUCH PRE41HIMARY PLAN$ AND SKETCHES, A SUN EQUAL TO TWENTY -FIVE PERCENT . r!'5�rf Of THE BASIC RATE COMPUTED UPON A REASONABLE E¢TIMATED COST; • (B) UPON COMPLETION OF SPECIFICATIONS AND GENERAL WORKING - DRAWINGS INCLUDING DETAIL41) PLANS AND,SPECIFICATIONS, LARGE SCALE AND FULL 512E DETAILED PRAWINGS, AND THE DRAFTS OF FORMS AND PROPOSALS OF•CONTRACTS) AND ACCEPTANCE AND APPROVAL OF THE SAME BY THE CITY, MONTHLY PAYMENTS WILL - BE MADE PROPORTIONAL TO,WORK OOMPLETED IN ORDER THAT THE TOTAL PAID FOR THE PHASE SHALL BE, UPON ACCEPTANCE AND APPROVAL, AN ADOITIQNAL SUM EQUAL TO FIFTY 'PER CENT (54) OF SAID BASIC RATE, THE ENTIRE BASIC FEE SHALL, . UPON AWARD OF CONTRACT, DE ADJUSTED TO THE AMOUNT OF THE AWARD FROM THE AMOUNT OF THE ESTIMATE. !H THE EVENT THE 40WEST ACCEPTABLE BID EXCEEDS < SHE EST)MATED COST AND THE CITY ELECTS TO REVISE THE PLANS FOR FURTHER ADVERTISING FOR SIDS> THE AAcRITECT SHALL CONFER WITH THE CITY AND MAKE SUCH REVISION ASAIS .SATISFACTORY TO T"9 ,CITY FOR THE RE- ADVERTISING FOR 18105. (C) TWENTY -FIVE PERCENT (25 %) OF SAID BASIC FEE SHALL BE PAID ' IN INSTALLMENTS BY WAY OF MONTHLY PAYMENTS IN AMOUNTS BASED ON THE CONSTRUC- TION ESTIMATES AND EACH PAYMENT SHALL BEAR A RELATION TO THE AMOUNT PAID ON .- `,.0 THE CONSTRUCTION WHICH WILL BE THE SAME AS THE SUM OF TWENTY -FIVE PERCENT (25 %) OF SAID FEE BEARS TO THE TOTAL CONSTRUCTION COST, UNTIL ALL OF SAID (25%) ' - TWENTY -FIVE PERCENT Z OF SAID FEE SHALL HAVE BEEN PAID. (D) NO DEDUCTIONS SHALL BE MADE FROM THE ARCHITECT'S FEE ON ' ACCOUNT OF PENALTY, LIQUIDATED DAMAGES, OR OTHER SUM WITHHELD FROM PAYMENTS TO CONTRACTORS. - THE CITY RESERVES THE RIGHT TO TERMINATE THIS CONTRACT AT �- I , �' - •: ANY TIME WITH OR WITHOUT CAUSE. IN THE EVENT OF SUCH TERMINATION THE ARCHITECT WILL BE PAID A SUM PROPORTIONATE TO THE STAGE OF COMPLETION OF THE PHASE OF WORK IN WHICH HE IS THEN ENGAGED. UPON SUBMISSION BY THE RCHITECT OF THE PRELIMINARY PLANS, OUTLINE SPECIFICATIONS, AND PRELIMINARY MI ESTIMATE OF COSTS THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE ARCHITECT, IN WHICH EVENT TWO AND FORTY -FIVE ONE- HUNDREDTHS PERCENT (2.45 %) :•! x OF THE PRELIMINARY ESTIMATE OF COST WILL BE THE ONLY COMPENSATION TO BED F , }' PAID. THE ARCHITECT WILL NOT PROCEED WITH DEVELOPMENT OF WORKING DRAWINGS • AND SPECIFICATIONS UNTIL AUTHORIZED IN WRITING BY THE DIRECTOR OF PUBLIC ' i' WORKS. SIMILARLY, THE CITY MAY ELECT TO TERMINATE THE SERVICES OF THE 'ARCHITECT UPON THE ACCEPTANCE OF THE COMPLETED PLANS AND SPECIFICATIONS _ t IN WHICH EVENT THE TOTAL COMPENSATION DUE AND PAYABLE TO THE ARCHITECT WILL ' ,? BE FIVE AND ONE- QUARTER PERCENT (5- 1/4%J' OF THE ESTIMATED CONSTRUCTION COST'' � IN THE EVENT NO CONTRACT IS LET. IN THE'EVENT BIDS ARE TAKEN AND THE CITY " ELECTS NOT TO PROCEED FURTHER WITH THE PROJECT, THE FEE WILL BE ADJUSTED.TO FIVE AND ONE - QUARTER PERCENT (5 -1/4 %) OF THE VALUE OF THE LOWEST BID OR FIVE AND ONE- QUARTER PERCENT (5 -1/4 %) OF THE ESTIMATED COSTS WHICHEVER IS THE LESSER AMOUNT. - - IV THE CITY SHALL DESIQNATEj ANDS 80 FAR AS THE WORK UNDER THIS AGREEMENT MAY REQUIRES FURNISH THE ARCHITECT WITH THE FOLLOWING INFORMATION: A COMPLETE AND ACCURATE SURVEY OF THE BUILDIN4 SITE, GIVING THE GRADES AND LINES OF STREETS, FAVEM914TSj'AN01 ADJOINING PROPERTIES) THE RIGHTS, RRSTRJC+ T1ON$, EASEMENTS, TENTATIVE BOUNDARIES,, AND CONTOURS OF THE BUILDING SITE, • THE CITY IS TO PAY'FOR BORINGS OR TEST PITS AND FOR CHEW CAL, MECHANICAL, OR OTHER TESTS WHEN REQUIRED. IF THE ARCHITECT IS ASSiQMED THE JOB INSPECTION OF THE CbN$TRUC- , TIION, HE AGREES 'to UTILIZE THE MECHANICAL, ELECTRICAL,, AND STRUCTURAL' ENGINEERING STAFF OF HIS FIRM FOR THE OI.`HERAL SUPERVISION THROUGHOUT THE ' CONSTRUCTION OF THE BUILDING AND, IN ADDITION, FOR FINAL INSPECTION. THE ARCHITECT WILL 'GUARD THE CITY AGA1115T DEFECTS AND DEFICIENCIER, IR THE WORK OF CONTRACTOR$, BUT HE DOES NOT GUARANTEE THZ PERFORMANCE OF THEIR CONTRACTS. 1 Y' ' r WHEN REQUESTED TO DO 50 THE ARCHITECT WILL. FURN I SH' PRELIMINARY ESTIMATES ON THE COOT OF THE WORK, our HE bOE5 NOT GUARANTEE THE ACCURACY OF SUCH tST(HATES. r ' VII THE CQ3T OF The WORK, AS HEREIN REFERRED TOli NZANS THE COST TO , THE CITY6 PUT SUCH COST SHALL NOT INCLUDE ANY ARCHITECTS OR ENGINZERS FEEb. A:+ - THE, COST INCLUDES THE SUILDIN4 AND ALL ITSrNECMANICAL EQU•IPMZHT,ALL MINOR SITE IMPROVgHENTS (EXCEPTS LANOO'CAPJNG), Ow LT -IN EQUIPN£f{T, EQUIPMENT TO' RE INSTALLED BY THE QENERAL_CONTRACTOR# AND THE DEMOLITION OF THE EXI$TIHG BUILDINGS. THE COST DOES NOT INCLUDE MOVABLE 1I FREE- $TAN1)IN4 EQUIPMENT; x FURNISHINGS OR 'FIXTUREb, BUT THE ARCHITECT AQRE4S 'TO A331ST IN THE SELECTION OF SUCH EQUIPMENT WITHOUT CONAENSATION. j- j Vill 4 , 'Tilt ARCHITECT SHALL PROVIDE 4TWENTY.(20) -ISETS OF COMPLETE WORKING ` DRAWINGS AND TWENTY (20) SETS OF SPECIFICATIONS COYERING THE WORK,' INCLUDING - PROPOSAL FORNS•AND SPECIAL INSTRUCTIONS TO 01DOERS, FOM OEMERAL DISTRIBUTION TO ALL PROSPECTIVE QUALlf1ED B(DbER$j WHO MAY SECURE A COPY THEREOF BY ' - " COMPLYING WITH`1HE TERMS SET OUT IN SAID SPECIAL INSTRUCTIONS FOR OBTAINING .•' 3 q� SAME. Jj. ,s THE ARCHITECT SHALL FURNISH TO THE CITY UPON COMPLETION OF SAID PROJECTS OR UPON THE TERMINATION OF THIS CONTRACT AS HEREIN PROVIDED IN A ' - SUITABLE CONTAINEq FOR FILING IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS I 1 OF THE CITY, THE ORIGINAL TRACINGS OR OTHER POSITIVE PRINTINGS, FROM WHICH REPRODUCTIONS MAY BE MADE OF, ALL DESIGNS AND DRAWINGS) TOGETHER WITH A r • a CORRECT AND LEGIBLE SET OF SPECIFICATIONS) AND ALL SUCH DESIGNSo DRAWINGS AND SPECIFICATIONS PREPARED BY THE ARCHITECT PURSUANT TO THIS CONTRACT '^�I SHALL BELONG TO THE-CITY. ANY AND ALL CORRECTIONS ALTERATIONS, OR AMEND- MENTS TO THE PLANS MADE DURING THE PERIOD OF CONSTRUCTION SHALL BE SHOWN ` ON THE FINAL SET OF PLANS AND SPECIFICATIONS SO AS TO REFLECT TRUE PLANS - R's AND SPECIFICATIONS OF THE BUILDING AS BUILT. Ix `• _ THE ARCHITECT SHALL NOT ASSIGN OR TRANSFER ANY INTEREST IN THIS, ' z ' I CONTRACT WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY. - ' x THE ARCHITECT SHALL FURNISH THE DOCUMENTS AND PERSONALLY RENDER • OR PROVIDE THE SERVICES REQUIRED BY THIS CONTRACT IN SUCH SEQUENCE AND AT -" SUCH TIMES AS MAY BE NECESSARY TO INSURE THE PROMPT AND CONTINUOUS PROSECU= I'e - TION OF THE WORK OF DESIGNING AND CONSTRUCTING THE PROJECT, AND IT IS UNDER - STOOD THAT ALL DESIGNS AND DETAILS OF DESIGNING ARE SUBJECT TO THE APPROVAL' OF THE CITY,'AND UNTIL ACCEPTANCE OF THE RESULTS OF SERVICES AS TO EACH A RESPECTIVE PHASES THERE SHALL BE NO LIABILITY ON THE PART OF THE CITY FOR ,- - SUCH SERVICES AS TO EACH RESPECTIVE PHASE. EACH PHASE SHALL BE BASED ON ' •' THE ACCEPTED WORK OF THE PRECEDING PHASE. REVISING PREVIOUSLY APPROVED II ' ,•,• ,. SERVICES SHALL BE COMPENSATED BY THE CITY IN ADDITION TO THE FEES PROVIDED f HEREIN AND PAYABLE ON PERFORMANCE OF SUCH ADDITIONAL WORK. COMPENSATION `. • FOR SUCH ADDITIONAL SERVICES SHALL BE TWO AND ONE —HALF (2 -1/2) TIMES THE, - • DIRECT PERSONNEL EXPENSES, EXCEPT SECRETARIAL SERVICES AT THEIR REGULAR I • RATE OF PAY. IN TESTIMONY WII WOF, thTNE38 OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL ,Q@ CONSIDERED AN ORIGINAL, ON THE DAY AND YEAR FIRST ABOVE WRITTEN'. ATTESTt THE OTy OF CORPUS CHRISTI,.TEXAS CITY SECRETARY HERO FIT W WHITNEY CITY MANAGER APPROVED AS TO i,EGAL FORM THIS OAY OF• AUGO$f , 103- "CITY" , CITY ATTORNEY APPROVED: OIRECTOIt -OF iNANCE "' " - JACK RICE TURNCR "ARCHITECT' ` a ` CORPUS CHRISTI, TEXAS / DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN ✓ JACK BLACKMON I / PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL f RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW DR. MCIVER FURMAN V JACK BLACKMON - -- -Z� PATRICK J. DUNNE �✓ DR. P. JIMENEZ, JR. 1 KEN MCDANIEL ✓ RONNIE SIZEMORE ✓ n WM. H. WALLACE D D